City Council falls one vote short of override; vacancies expected to remain for months

San Diego 
Mayor Bob Filner won a public showdown Monday with City Council President Todd Gloria over appointments to the Port Commission as the council couldn’t muster enough votes to override a mayoral veto.

The victory by Filner means the city will be without two of its three port representatives for several months as the mayor and council work on reshaping the appointment process.

The council, with a 4-4 split of Democrats and Republicans, had appointed Democratic attorney Rafael Castellanos and Republican businessman Marshall Merrifield to fill the openings in a Jan. 8 vote that was widely viewed as a bipartisan compromise. Gloria, a Democrat, had joined with Republicans on the appointments.

Filner didn’t weigh in on the port nominees before the council vote but later used his veto powers for the first time in blocking the appointments. He said the city should develop a vision and policy direction for appointees to follow and change the appointment process to ensure commissioners can be held accountable by city leaders.

The council voted 5-3 Monday in favor of overriding the mayoral veto, but the city charter requires six votes. Gloria and the four Republicans supported the veto override while three Democrats — David Alvarez, Marti Emerald and Sherri Lightner — successfully blocked it.

Gloria called it regrettable that Castellanos and Merrifield wouldn’t be able to serve despite the universal agreement among council members that each is qualified. He then borrowed a line often used by Filner during last year’s mayoral campaign to explain how costly it would be to leave the port posts open.

“There’s a saying that if you’re not at the table, you’re on the menu,” Gloria said. “I’m afraid that by taking the vote as I see it this afternoon, that San Diego will not be at the table and, therefore, our interests, interests of the communities we represent, will not be well served. … Having a voice and, more important, a vote at the table is paramount.”

Filner didn’t speak at the hearing or respond to a request for comment.

Lightner said the appointment process was flawed and, as chair of the council’s rules committee, has docketed March 6 discussion on proposed changes.

“Deciding who should represent the city of San Diego on the Port Commission is too important to have a selection process that is so inconsistent and shortsighted,” Lightner said. “We need a selection process that provides greater transparency and accountability and one that we can all have faith in.”

Another concern raised by Filner and his fellow Democrats was the lack of a District 4 council member in the decision-making process. A special election to replace Tony Young, who resigned Jan. 1, will be held March 26. If the city waits until the seat is filled after a likely runoff in May, it could be months before the port slots are filled.

Emerald said it wouldn’t hurt the city to wait until the newest council member is in office. “We’re talking about a few months here where we could do some very important planning for the region,” she said.